General terms and conditions of business

General terms and conditions of business

The following General Terms and Conditions (GTC) regulate the sale of products by TrendDeal GmbH, Zusestraße 48, 50859 Cologne, Cologne District Court, HRB 87904, telephone: 02234 9516020, email: shop@coccara.de, hereinafter referred to as the “Provider”, via the online shop at www.coccara.de.


§ 1 Scope of Application

(1) These terms and conditions apply to all contracts concluded between the provider and private customers (within the meaning of Section 13 of the German Civil Code) via the online shop at www.coccara.de. Orders from entrepreneurs, tradespeople, freelancers or commercial resellers are excluded.

(2) Any deviating terms and conditions of the customer shall not apply unless the provider expressly agrees to their validity in writing.

(3) The scope of products offered includes: Clothing


§ 2 Conclusion of contract

(1) The contract is concluded with the provider: TrendDeal GmbH, Zusestraße 48, 50859 Cologne.

(2) The contract and negotiation language is German.

(3) The offers are aimed exclusively at customers with a delivery address within the European Union and are intended for private customers only.

(4) The customer must be at least 18 years old.

(5) The presentation of the products in the online shop does not constitute a legally binding offer, but rather an invitation to place an order. The customer makes a binding offer by completing the ordering process and clicking the "order with payment" button at the end. Receipt of the order is confirmed by an automatic email, which does not, however, constitute acceptance of the offer. The purchase contract is only concluded by an express confirmation of acceptance by email or by the dispatch of the goods.

(6) Orders that exceed normal household quantities require the express consent of the provider. This applies both to the number of products ordered within one order and to placing multiple orders for the same product.

(7) The order data will be saved after conclusion of the contract and can be viewed in the customer login.

(8) The customer agrees to receive invoices exclusively electronically. Electronic invoices are made available by email or in the customer account.


§ 3 Prices and shipping costs

(1) All prices include the applicable statutory value added tax.

(2) The prices quoted already include shipping costs, unless expressly stated otherwise.

(3) It may happen that products in the online shop are inadvertently marked with an incorrect price. In such a case, the provider will contact the customer before dispatching the goods to inform him that the actual price is higher and ask him whether he wants to buy the product at the correct price or cancel the order. If the correct price of a product is lower than the stated price, the provider will charge the lower amount and send the product.

(4) The prices stated at the time of the order apply. If list prices exist, the list prices at the time of the order apply.


§ 4 Customs

(1) Orders for delivery outside the European Union may be subject to import duties and taxes, which are collected once the package reaches its destination. These additional charges must be borne by the customer; the provider has no influence on these charges. Since customs regulations vary from country to country, the customer should contact their local customs authority for further information.

(2) For orders from abroad outside the European Union, the customer is considered the importer and must comply with all laws and regulations of the country in which he receives the products. The provider points out that cross-border deliveries may be subject to opening and investigation by customs authorities.


§ 5 Terms of Payment

(1) Payment of the purchase price is due upon conclusion of the contract. The customer can pay the purchase price using the payment methods specified in the online shop.

(2) PayPal: After completing the order, the customer is redirected to PayPal, where he can make the payment. Shipping will take place after confirmation of receipt of payment.

(3) The customer enters his Maestro card details during the ordering process. The debit is made after the goods have been dispatched.

(4) Credit card: The customer enters his credit card details during the ordering process. The debit is made after the goods have been dispatched.

(5) Klarna: The customer can pay via Klarna on account or in installments. The payment terms are specified by Klarna.

(6) Gift card: The customer can pay the invoice amount with a valid gift card from the provider. Shipping will take place after payment has been confirmed.

(7) Apple Pay: The customer enters his Apple Pay data during the ordering process and confirms payment via Apple Pay. The debit is made after the goods have been dispatched.

(8) Google Pay: The customer enters his Google Pay data during the ordering process and confirms the payment via Google Pay. The debit is made after the goods have been dispatched.

(9) When the goods are dispatched, the invoice will be sent by email or, if no email address is provided, by post to the specified billing address.

(10) If the customer defaults on payment or if a direct debit is returned, the provider is entitled to claim damages for late payment (e.g. reminder fees, default interest, chargeback fees).

(11) Payment by sending cash or cheques is not possible.


§ 6 Retention of Title

(1) The delivered goods remain the property of the provider until the purchase price has been paid in full.

(2) The customer is obliged to treat the goods with care during the retention of title period. In particular, he must carry out all necessary maintenance and inspection work in a timely manner at his own expense.

(3) The customer must immediately notify the provider in writing if the goods are seized or subject to other interventions by third parties so that the provider can file a lawsuit in accordance with Section 771 of the Code of Civil Procedure. If the third party is not in a position to reimburse the provider for the judicial and extrajudicial costs of a lawsuit in accordance with Section 771 of the Code of Civil Procedure, the customer is liable for the loss incurred by the provider.


§ 7 Delivery, Cancellation and Shipping

(1) Unless otherwise stated in the offer, the delivery time is expected to be 4 working days. The provider will endeavour to adhere to the stated delivery times. If delivery deadlines cannot be met, the customer will be informed immediately and any payments already made will be refunded.

(2) Unless otherwise agreed, delivery will be made to the delivery address specified by the customer within Germany. Information on the availability of the products can be found on the provider's website. All information on availability, shipping or delivery times is non-binding unless it is expressly marked as binding.

(3) If it is determined during the processing of the order that the ordered products are not available, the customer will be informed immediately by email or message in the customer account. The customer's legal claims remain unaffected.

(4) Delivery will be made depending on the payment method chosen by the customer. In the case of advance payment, delivery will be made after receipt of payment. For all other payment methods, delivery will be made after conclusion of the contract.

(5) If the order is shipped in multiple packages, the customer can receive a separate shipping confirmation for each package. In this case, a separate purchase contract for the products listed in the respective shipping confirmation is concluded for each shipping confirmation.

(6) The customer can cancel his order free of charge until the goods are dispatched. After dispatch, cancellation is only possible in accordance with the provisions on the right of cancellation.

(7) Partial deliveries are permitted as long as they are reasonable for the customer. Additional shipping costs will only be incurred if expressly agreed.

(8) If the delivery of the goods fails due to the fault of the customer, the provider reserves the right to withdraw from the contract. Any payments already made will be refunded to the customer immediately.

(9) If the provider is unable to deliver the ordered goods through no fault of its own because the provider's supplier does not fulfill its contractual obligations, the provider is entitled to withdraw from the contract. In this case, the customer will be informed immediately and any payments already made will be refunded.

(10) If the delivery of the ordered products is delayed or impossible due to force majeure or other unforeseeable, extraordinary and unavoidable circumstances - such as natural disasters, war, strikes or official measures - the delivery times will be extended accordingly. The provider will inform the customer immediately about the unavailability. In these cases, the provider is entitled to withdraw from the contract. The customer will be informed immediately about the withdrawal and any payments already made will be refunded.

(11) The provider is not liable for delays in delivery caused by circumstances beyond its control (force majeure). In such a case, the customer will be informed immediately and a new delivery date will be agreed.


§ 8 Transport Damage

(1) If you receive the goods with obvious transport damage, please complain about such defects immediately to the deliverer and contact us immediately.

(2) Failure to make a complaint or contact us will have no consequences for your statutory warranty rights. However, you will help us to assert our own claims against the carrier or transport insurance.


§ 9 Warranty

(1) Warranty for private customers
If the customer is a consumer, the warranty is based on the statutory provisions. In addition to their 30-day return guarantee, consumers in the EU have a statutory warranty period of two years from delivery of the goods.

(2) Used goods
For used goods, the warranty period may be shorter than two years.


§ 10 Liability

(1) If the customer is a consumer, liability shall be governed by the statutory provisions.

(2) The provider's liability for breaches of contractual obligations and tortious acts is limited to intent and gross negligence. This limitation of liability does not apply in the event of injury to the life, body or health of the customer, in the event of claims due to the breach of essential contractual obligations (cardinal obligations) and in the event of compensation for damages caused by delay in accordance with Section 286 of the German Civil Code (BGB). In this respect, the provider is liable for any degree of negligence.

(3) In the event of a slightly negligent breach of essential contractual obligations (cardinal obligations), the provider's liability is limited to the typically foreseeable damage. Essential contractual obligations are those whose fulfillment is necessary to achieve the contractual objective and on whose compliance the customer can regularly rely.

(4) The aforementioned exclusion of liability also applies to slightly negligent breaches of duty by the legal representatives or vicarious agents of the provider.

(5) The provider assumes no responsibility for the content and accuracy of the information in the customer’s registration and profile data or other content generated by the customer.

(6) Claims for damages are limited to foreseeable damages typical for the contract. In the event of delay, the maximum liability is 5% of the order value.

(7) Claims for damages based on injury to life, body or health shall expire after 30 years; all other claims for damages shall expire after two years. The limitation period begins at the end of the year in which the claim arose and the creditor became aware of the circumstances giving rise to the claim and the identity of the debtor or would have become aware of them without gross negligence (Section 199, Paragraph 1 of the German Civil Code).

(8) The provider is entitled to check texts created by customers and files uploaded for compliance with statutory provisions and legal regulations. In the event of violations, the provider reserves the right to remove this content in whole or in part.

(9) Liability under the Product Liability Act remains unaffected.


§ 11 Data Protection

(1) Personal data is collected and processed in accordance with the applicable data protection regulations. The provider undertakes to treat customer data confidentially and not to pass it on to third parties unless the customer has expressly consented or there is a legal obligation to do so.

(2) The customer has the right to obtain information about the data stored by him at any time and free of charge and to request their correction, deletion or restriction of processing.

(3) Further information on data protection can be found in the provider’s privacy policy.


§ 12 Set-off and right of retention

(1) The customer is only entitled to set off if his counterclaim has been legally established or is undisputed by the provider.

(2) The customer may only exercise a right of retention if his counterclaim is based on the same contractual relationship.


§ 13 Special features of digital products and services

(1) Digital products are usually made available to the customer via download or email. The customer receives the corresponding access data or download links after receipt of payment.

(2) The statutory liability for defects applies to digital products. In the event of a defect, the customer has the right to subsequent performance, i.e. removal of the defect or delivery of a defect-free product.

(3) The customer must ensure that the technical requirements for receiving and using the digital products are met. The provider assumes no liability for disruptions or damages that are due to the customer's lack of technical requirements.

(4) For services that are not provided in the form of physical products or digital content, the statutory provisions on the Service Contract Regulations (§§ 611 ff. BGB) apply.

(5) The customer undertakes to provide all necessary cooperation in a timely and complete manner when using the services. If the customer fails to comply with this obligation, the provider may invoice the additional costs incurred as a result.


§ 14 Rights of use for digital content

(1) By purchasing a digital product, the customer receives a simple, non-transferable, unlimited right to use the purchased content, unless otherwise agreed.

(2) The customer is not entitled to reproduce, distribute or make the digital content publicly available unless this is expressly permitted by contract.

(3) All copyrights remain with the provider or the respective rights holder.


§ 15 User Account

(1) The customer is obliged to provide complete and truthful information when registering and creating the user account. The customer must keep his access data (user name and password) safe and protect it from third-party access. The provider is not liable for damages resulting from the misuse of the access data, provided that the provider is not responsible for the misuse. The customer may only create one user account. Multiple registrations are not permitted and can lead to the blocking or deletion of user accounts.

(2) The customer is obliged to update any changes to his personal data, in particular contact and payment details, in his user account without delay. The customer is responsible for all activities carried out under his user account, unless he is not responsible for the misuse of his account.

(3) The provider reserves the right to block or delete the user account if there are indications of misuse, the customer violates these terms and conditions or the customer has provided incorrect information during registration. The customer can request the deletion of his user account at any time. The provider will delete the user account and all associated data immediately, provided that there are no statutory retention periods to the contrary. After the user account has been deleted, the customer can only create a new user account by re-registering.

(4) The provider endeavours to ensure a high level of availability of the user account. However, temporary restrictions or interruptions due to technical maintenance work or unforeseeable events (e.g. force majeure) cannot be ruled out. The provider is not liable for damages resulting from a temporary unavailability of the user account, unless the provider is responsible for the unavailability.

(5) The provider reserves the right to change, expand or restrict functions and content of the user account at any time. Changes to this clause will be communicated to the customer by email at least four weeks before they come into effect. If the customer does not object to the changes within four weeks of receiving the notification of the change, the changes are deemed to have been accepted. The provider will separately inform the customer of this legal consequence in the notification of the change.


§ 16 Changes to the Terms and Conditions

(1) The provider reserves the right to change these terms and conditions at any time with future effect.

(2) The changes will be communicated to the customer by email at least four weeks before they come into effect.

(3) If the customer does not object to the changes within four weeks of receiving the notification of the change, the changes are deemed to have been accepted. The provider will separately inform the customer of this legal consequence in the notification of the change.


§ 17 Force Majeure

(1) Events of force majeure which make delivery significantly more difficult or impossible for the provider shall entitle the provider to postpone delivery for the duration of the hindrance or to withdraw from the contract in whole or in part due to the part not yet fulfilled.

(2) Force majeure includes all events that are outside the sphere of influence of the provider and whose occurrence was not foreseeable at the time the contract was concluded, such as natural disasters, war, terrorist attacks, import and export bans, strikes, official orders or other serious operational disruptions through no fault of the provider.


§ 18 Transfer of Contract

(1) The provider is entitled to transfer its rights and obligations arising from this contractual relationship in whole or in part to a third party with a notice period of four weeks.

(2) In this case, the customer has the right to terminate the contract with immediate effect.


§ 19 Applicable law and place of jurisdiction

(1) All legal relationships between the provider and the customer are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law only applies to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which the consumer is habitually resident.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the provider.


§ 20 Online dispute resolution and participation in an arbitration procedure

The European Commission provides a platform for online dispute resolution (ODR), which can be accessed at https://www.ec.europa.eu/consumers/odr. The provider is willing to participate in an out-of-court arbitration procedure before a consumer arbitration board.


§ 21 Final Provisions

(1) The contract language is German.

(2) The provider does not offer any products or services for purchase by minors. Products for children can only be purchased by adults. Persons under the age of 18 may only use the website with the involvement of a parent or guardian.

(3) Should individual provisions of these General Terms and Conditions be invalid or unenforceable or become invalid or unenforceable after the conclusion of the contract, the validity of the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by an effective and enforceable provision whose effects come closest to the economic objective that the contracting parties were pursuing with the invalid or unenforceable provision.

(4) Any changes or additions to these Terms and Conditions must be made in writing. This also applies to the cancellation of this written form requirement.

(5) The provider reserves the right to make changes to the website, rules and conditions, including these terms and conditions, at any time. Your order will be subject to the terms and conditions of sale, contract terms and conditions in force at the time of your order, unless a change to these conditions is required by law or by official order (in which case they will also apply to orders you have previously placed).

(6) There are no oral side agreements. Any changes or additions to this agreement must be made in writing.